Practice and Procedure

R (on the application of (1) SAM ANTHONY COOK (2) ROBERT DONALD COOK) v SERIOUS ORGANISED CRIME AGENCY (2010)

PUBLISHED July 27, 2010
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[2010] EWHC 2119 (Admin)

The Serious Organised Crime Agency was not entitled to use the Police and Criminal Evidence Act 1984 s.19(3) to re-seize property at a police station and commute what had been an unlawful seizure into a lawful seizure. The fact that the police were lawfully on their own premises at the time of the re-seizure and that the subject property was also on those premises was not what was envisaged by that provision or the relevant statutory framework.

DC (Leveson LJ, Ouseley J)

27/07/2010

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